第一章 总
Article 1 These measures are formulated in acco
新浪博客
第一章 总
Article 1 These measures are formulated in acco
rdance with the
第二条
Article 2 These measures shall apply to the Banks' RMB settlement business relating to foreign direct investment.
第三条
Article 3 Offshore companies, economic organizations and individuals (the Offshore Investors) investing in China in RMB shall abide by the laws of the People's Republic of China relating to foreign direct investment.
第四条
Article 4 The People's Bank of China regulates the RMB settlement business relating to foreign direct investment in accordance with these measures.
第二章
第五条
Article 5 Offshore Investors may apply to open RMB bank settlement accounts of offshore institutions in accordance with the administrative regulations on bank settlement accounts such as the Administrative Regulations on the RMB Bank Settlement Accounts and the Administrative Regulations on the RMB Bank Settlement Accounts of Foreign Institutions (issued through yin fa [2010] No.249). In particular, special deposit account for upfront expenses in RMB and special deposit account for reinvestment in RMB shall be opened, in the principle of 'special account for special use', to deposit respectively (i) the RMB funds of upfront expenses relating to the investment project and (ii) the RMB funds acquired through profits distribution, liquidation, capital decrease, equity transfer, early recovery of investment, etc. and used for onshore re-investment. Those accounts may not be used for receipt and payment of cash.
第六条
Article 6 Banks shall process the payment of the upfront expenses into the onshore RMB bank settlement account for the Offshore Investor after reviewing the materials submitted by Offshore Investor such as the payment order, the explanation on the use of funds and the letter of undertaking on the use of funds. After the foreign-invested enterprise is established, the balance of the upfront expenses shall be transferred into the special deposit account of RMB capital funds in accordance with Article 8 of these measures or returned through the original route.
第七条
（一）外商投资企业批准证书复印件;
（二）营业执照副本、组织机构代码证。
外商投资合伙企业无需提交前述第（一）项材料。
外商投资企业注册地中国人民银行分支机构应当在收到申请材料之日起10个工作日内完成企业信息登记手续。
已登记外商投资企业发生名称、经营期限、出资方式、合作伙伴及合资合作方式等基本信息变更，或发生增资、减资、股权转让或置换、合并或分立等重大变更的，应当在经工商行政管理部门变更登记或备案后15个工作日内将上述变更情况报送注册地中国人民银行分支机构。
Article 7 A foreign-invested enterprise (either newly established or established through merger or acquisition) shall, within 10 business days after obtaining its business license, submit the following materials to and apply for the enterprise information registration by the branch of the People's Bank of China where the enterprise is registered:
(1) photocopy of the approval certificate of the foreign-invested enterprise;
(2) duplicate of the business license and the organizational code certificate.
A foreign invested partnership does not need to submit item (1) of the above-mentioned materials.
The local branch of the People's Bank of China where the foreign-invested enterprise is registered shall complete the enterprise information registration process within 10 business days after receiving the application materials.
If a registered foreign-invested enterprise incurs any change of its basic information such as the change of its name, operational term, forms of capital contribution, joint venture partner and form of joint venture or other material change such as increase or decrease of capital, equity transfer or swap and merger or acquisition, the foreign-invested enterprise shall report such change to the local branch of the People's Bank of China where the enterprise is registered within 15 business days after such change is registered or filed with the administration for industry and commerce.
第八条
Article 8 A foreign-invested enterprise shall, in accordance with the administrative regulations on bank settlement account such as the Administrative Measures on RMB Bank Settlement Accounts, submit materials such as its business license to the bank to apply to open a RMB bank settlement account. In particular, a special deposit account for RMB capital funds shall be opened, in accordance with the principle of 'special account for special use', to deposit the RMB capital funds remitted or contributed by the Offshore Investor. This account may not be used for receipt and payment of cash.
境外投资者以人民币并购境内企业设立外商投资企业的，被并购境内企业的中方股东应当按照《人民币银行结算账户管理办法》等银行结算账户管理规定，申请开立人民币并购专用存款账户，专门用于存放境外投资者汇入的人民币并购资金，该账户不得办理现金收付业务。
If a foreign-invested enterprise is established through an Offshore Investor's mergers or acquisition in RMB of an onshore enterprise, the Chinese shareholders of the target onshore enterprise shall, in accordance with the administrative regulations on bank settlement account such as the Administrative Measures on RMB Bank Settlement Account, apply to open a special deposit account for mergers and acquisitions in RMB to deposit the RMB funds remitted by the Offshore Investors for the mergers and acquisition. This account may not be used for receipt and payment of cash.
境外投资者以人民币向境内外商投资企业的中方股东支付股权转让对价款的，中方股东应当按照《人民币银行结算账户管理办法》等银行结算账户管理规定，申请开立人民币股权转让专用存款账户，专门用于存放境外投资者汇入的人民币股权转让对价款，该账户不得办理现金收付业务。
If the Offshore Investor pays the price of equity transfer in RMB to the Chinese shareholder of the onshore foreign-invested enterprise, the Chinese shareholder shall, in accordance with the administrative regulations on bank settlement account such as the Administrative Measures on RMB Bank Settlement Accounts, apply to open a special RMB deposit account for equity transfer to deposit the RMB funds remitted by the foreign investor as the price of equity transfer. This account may not be used for receipt and payment of cash.
第九条
对于房地产业外商投资企业办理外商直接投资人民币资本金汇入业务时，银行还需登陆商务部网站，验证该企业是否通过商务部备案。
Article 9 Offshore Investors shall submit to the Bank relevant approval or filing documents issued by the relevant authorities of the state for remitting offshore RMB investment funds into China. The Bank shall review the documents prudently and may access to the cross-border RMB receipt and payment system to search for the relevant information.
For the remittance of RMB capital funds relating to the foreign direct investment in the real estate industry, the Bank shall further check the website of the Ministry of Commerce to verify whether the foreign-invested enterprise has passed the filing of the Ministry of Commerce.
第十条
Article 10 A foreign-invested enterprise shall, in accordance with relevant regulations, engage an accounting firm to verify the actual receipt of RMB funds paid by the Offshore Investor for the registered capital and the equity acquisition. The accounting firm may issue the capital verification report after enquiring with the opening Bank.
开户银行应当积极配合会计师事务所的工作，在收到银行询证函之后，认真核对有关数据资料，明确签署意见，加盖对外具有法定证明效力的业务专用章，并在收到询证函之日起５个工作日内回函。
The opening Bank shall actively assist the accounting firm to prudently and, after receiving the bank enquiry letter, verify the relevant data and material, clearly issue its opinion, duly seal its business chop evidencing the legitimate authority and reply within 5 business days after receiving the bank enquiry letter.
第十一条
Article 11 The Bank shall, in accordance with the relevant administrative regulations on foreign direct investment, supervise the legitimate use of RMB capital by foreign-invested enterprises and review and approve the payment under the special deposit account for RMB capital. The Bank may not process the payment of RMB funds through the special deposit account for RMB capital in respect of which the capital verification has not been completed.
第十二条
Article 12 Where an Offshore Investors remit its RMB profits out of China, the Bank may directly process the remittance after reviewing the relevant materials such as such as the resolution of the foreign-invested enterprise on profits disposal and the evidence on tax payment.
第十三条
Article 13 Where an Offshore Investor remit out of China their RMB funds acquired through decrease of capital, equity transfer, liquidation, early recover of investment, etc, the Bank shall process the remittance of RMB funds after reviewing the approval or filing documents of the relevant authorities of the state and the evidence of tax payment.
第十四条
Article 14 Where an Offshore Investor uses the RMB funds acquired through RMB profits distribution, early recovery of investment, liquidation, decrease of capital, equity transfer, etc. to reinvest onshore or to increase the registered capital, the Offshore Investor may deposit the RMB funds into the special deposit account for RMB reinvestment and conduct relevant settlement in accordance with these measures. The Bank shall process the payment after reviewing the approval or filing documents issued by the relevant authorities of the state and the evidence on tax payment.
第十五条
Article 15 Where foreign-invested holding companies, foreign- invested venture capital enterprises, foreign-invested equity investment enterprises and other investment-oriented foreign- invested partnership make onshore RMB investments, the invested enterprises shall, in accordance with the administrative regulations on bank settlement account such as the Administrative Measures on RMB Bank Settlement Accounts, apply to open a special deposit account for RMB capital to deposit RMB registered capital or contributed capital and to process relevant funds settlement business. This account may not be used for receipt and payment of cash.
第十六条
Article 16 Where an Offshore Investors contributes both RMB funds and foreign exchange funds as capital, the Bank shall process the RMB fund settlement in accordance with these measures and process the foreign exchange settlement in accordance with the relevant regulations on foreign exchange administration. The exchange rate between RMB and foreign currency shall be the middle rate of the RMB rate promulgated by the People's Bank of China on the day of capital verification.
第十七条
Article 17 The amounts of RMB and foreign currency loans borrowed by a foreign-invested enterprise from its offshore shareholders, its affiliated enterprises and foreign financial institutions shall be consolidated in the calculation of total borrowing.
第十八条
Article 18 A foreign-invested enterprise shall, in accordance with Article 12 of the Administrative Measures on RMB Bank Settlement Accounts, by presenting the RMB loan contract, apply to open a general RMB deposit account to deposit the RMB funds borrowed from offshore.
第十九条
Article 19 The Bank shall review and investigate the authenticity and compliance regarding the use of RMB registered capital and borrowed RMB funds by the foreign-invested enterprises. In the process of the settlement business, the Bank shall, in accordance with the relevant rules on prudential regulation, require the enterprise to provide such materials as the payment order and the evidence on the usage of funds and conduct a prudential review of such materials.
第二十条
Article 20 Where a foreign-invested enterprise uses RMB to repay the principal and interests of its offshore RMB debts, it may directly process the repayment through the bank by submitting such materials as the loan agreement, the payment order and the evidence on tax payment.
第三章
第二十一条
Article 21 Banks shall prudently fulfill their reporting obligations by reporting timely, accurately and completely to the cross-border RMB receipt and payment information management system information on the opening of RMB bank settlement accounts of offshore institutions, special deposit account of RMB capital funds, special deposit accounts for mergers and acquisition in RMB, special RMB deposit accounts for equity transfer and RMB general deposit account as well as information on the cross-border and onshore receipt and payment of RMB funds processed through the above-mentioned accounts.
第二十二条
Article 22 Banks shall provide RMB bank settlement service for Offshore Investors, foreign-invested enterprises and the latter's Chinese shareholders in accordance with the administrative regulations on bank settlement accounts such as Administrative Measures on RMB Bank Settlement Accounts, the Implementation Rule on the Administrative Measures on RMB Bank Settlement Accounts (issued through yin fa [2005] No.16) and the Administrative Measures on the RMB Bank Settlement Accounts of Offshore Institutions.
第二十三条
Article 23 When processing the RMB settlement business relating to foreign direct investment, Banks and foreign-invested enterprises shall report the balance of international payments in accordance with the Measures on the Reporting of Balance of International Payments for Statistical Purpose.
第二十四条
Article 24 When processing RMB settlement business relating to foreign direct investment, Banks shall, in accordance with the Anti-money Laundering Law of the People's Republic of China and other regulations of the People's Bank of China, fulfill its anti-money laundering and anti-terrorism financing obligations and prevent such illegal and criminal activities as money laundering and terrorism financing through RMB settlement in foreign direct investment. Banks shall collect anti-money laundering and anti-terrorism information in the Offshore Investors' domicile, get to know the natural persons actually controlling the investment and the real beneficiaries of the investment, assess the money laundering and terrorism financing risks and take appropriate measures to manage such risks.
第二十五条
Article 25 The People's Bank of China shall set up an information sharing and management system with other relevant authorities and strengthen the postmortem investigation so as to effectively supervise and administer the RMB settlement business relating to foreign direct investment.
第二十六条
Article 26 The People's Bank of China shall coordinate with other authorities to conduct on-site and off-site inspections against the Banks and the foreign-invested enterprises with respect to the RMB settlement activities relating to foreign direct investment and conduct further investigations on the use of funds so as to supervise the Banks to fulfill their obligations of authenticity investigation and information reporting and their anti-money laundering obligation.
第二十七条
Article 27 Notice of criticism or penalties may be imposed on a Bank or foreign-invested enterprise by the People's Bank of China in coordination with other relevant authorities in accordance with law if the Bank or foreign-invested enterprise violates the relevant regulation under these measures. If the circumstance is serious, the Bank or foreign-invested enterprise may be suspended or prohibited from conducting cross-border RMB business.
第二十八条
Article 28 The Bank which violates the regulations on prudential administration in its processing of RMB settlement relating to foreign direct investment shall be subject to the punishment of the relevant authorities according to law. The Bank which violates the relevant administrative regulations on RMB bank settlement account, the anti-money laundering regulations and the anti-terrorism financing regulations shall be subject to the punishment of the People's Bank of China.
第四章 附
第二十九条
Article 29 The People's Bank of China is responsible for the interpretation of these measures.
第三十条
Article 30 These measures shall become effective as of the date of its promulgation. Where there is any inconsistency between any relevant previous rule and these measures, these measures shall prevail.
第二条
Article 2 These measures shall apply to the Banks' RMB settlement business relating to foreign direct investment.
第三条
Article 3 Offshore companies, economic organizations and individuals (the Offshore Investors) investing in China in RMB shall abide by the laws of the People's Republic of China relating to foreign direct investment.
第四条
Article 4 The People's Bank of China regulates the RMB settlement business relating to foreign direct investment in accordance with these measures.
第二章
第五条
Article 5 Offshore Investors may apply to open RMB bank settlement accounts of offshore institutions in accordance with the administrative regulations on bank settlement accounts such as the Administrative Regulations on the RMB Bank Settlement Accounts and the Administrative Regulations on the RMB Bank Settlement Accounts of Foreign Institutions (issued through yin fa [2010] No.249). In particular, special deposit account for upfront expenses in RMB and special deposit account for reinvestment in RMB shall be opened, in the principle of 'special account for special use', to deposit respectively (i) the RMB funds of upfront expenses relating to the investment project and (ii) the RMB funds acquired through profits distribution, liquidation, capital decrease, equity transfer, early recovery of investment, etc. and used for onshore re-investment. Those accounts may not be used for receipt and payment of cash.
第六条
Article 6 Banks shall process the payment of the upfront expenses into the onshore RMB bank settlement account for the Offshore Investor after reviewing the materials submitted by Offshore Investor such as the payment order, the explanation on the use of funds and the letter of undertaking on the use of funds. After the foreign-invested enterprise is established, the balance of the upfront expenses shall be transferred into the special deposit account of RMB capital funds in accordance with Article 8 of these measures or returned through the original route.
第七条
（一）外商投资企业批准证书复印件;
（二）营业执照副本、组织机构代码证。
外商投资合伙企业无需提交前述第（一）项材料。
外商投资企业注册地中国人民银行分支机构应当在收到申请材料之日起10个工作日内完成企业信息登记手续。
已登记外商投资企业发生名称、经营期限、出资方式、合作伙伴及合资合作方式等基本信息变更，或发生增资、减资、股权转让或置换、合并或分立等重大变更的，应当在经工商行政管理部门变更登记或备案后15个工作日内将上述变更情况报送注册地中国人民银行分支机构。
Article 7 A foreign-invested enterprise (either newly established or established through merger or acquisition) shall, within 10 business days after obtaining its business license, submit the following materials to and apply for the enterprise information registration by the branch of the People's Bank of China where the enterprise is registered:
(1) photocopy of the approval certificate of the foreign-invested enterprise;
(2) duplicate of the business license and the organizational code certificate.
A foreign invested partnership does not need to submit item (1) of the above-mentioned materials.
The local branch of the People's Bank of China where the foreign-invested enterprise is registered shall complete the enterprise information registration process within 10 business days after receiving the application materials.
If a registered foreign-invested enterprise incurs any change of its basic information such as the change of its name, operational term, forms of capital contribution, joint venture partner and form of joint venture or other material change such as increase or decrease of capital, equity transfer or swap and merger or acquisition, the foreign-invested enterprise shall report such change to the local branch of the People's Bank of China where the enterprise is registered within 15 business days after such change is registered or filed with the administration for industry and commerce.
第八条
Article 8 A foreign-invested enterprise shall, in accordance with the administrative regulations on bank settlement account such as the Administrative Measures on RMB Bank Settlement Accounts, submit materials such as its business license to the bank to apply to open a RMB bank settlement account. In particular, a special deposit account for RMB capital funds shall be opened, in accordance with the principle of 'special account for special use', to deposit the RMB capital funds remitted or contributed by the Offshore Investor. This account may not be used for receipt and payment of cash.
境外投资者以人民币并购境内企业设立外商投资企业的，被并购境内企业的中方股东应当按照《人民币银行结算账户管理办法》等银行结算账户管理规定，申请开立人民币并购专用存款账户，专门用于存放境外投资者汇入的人民币并购资金，该账户不得办理现金收付业务。
If a foreign-invested enterprise is established through an Offshore Investor's mergers or acquisition in RMB of an onshore enterprise, the Chinese shareholders of the target onshore enterprise shall, in accordance with the administrative regulations on bank settlement account such as the Administrative Measures on RMB Bank Settlement Account, apply to open a special deposit account for mergers and acquisitions in RMB to deposit the RMB funds remitted by the Offshore Investors for the mergers and acquisition. This account may not be used for receipt and payment of cash.
境外投资者以人民币向境内外商投资企业的中方股东支付股权转让对价款的，中方股东应当按照《人民币银行结算账户管理办法》等银行结算账户管理规定，申请开立人民币股权转让专用存款账户，专门用于存放境外投资者汇入的人民币股权转让对价款，该账户不得办理现金收付业务。
If the Offshore Investor pays the price of equity transfer in RMB to the Chinese shareholder of the onshore foreign-invested enterprise, the Chinese shareholder shall, in accordance with the administrative regulations on bank settlement account such as the Administrative Measures on RMB Bank Settlement Accounts, apply to open a special RMB deposit account for equity transfer to deposit the RMB funds remitted by the foreign investor as the price of equity transfer. This account may not be used for receipt and payment of cash.
第九条
对于房地产业外商投资企业办理外商直接投资人民币资本金汇入业务时，银行还需登陆商务部网站，验证该企业是否通过商务部备案。
Article 9 Offshore Investors shall submit to the Bank relevant approval or filing documents issued by the relevant authorities of the state for remitting offshore RMB investment funds into China. The Bank shall review the documents prudently and may access to the cross-border RMB receipt and payment system to search for the relevant information.
For the remittance of RMB capital funds relating to the foreign direct investment in the real estate industry, the Bank shall further check the website of the Ministry of Commerce to verify whether the foreign-invested enterprise has passed the filing of the Ministry of Commerce.
第十条
Article 10 A foreign-invested enterprise shall, in accordance with relevant regulations, engage an accounting firm to verify the actual receipt of RMB funds paid by the Offshore Investor for the registered capital and the equity acquisition. The accounting firm may issue the capital verification report after enquiring with the opening Bank.
开户银行应当积极配合会计师事务所的工作，在收到银行询证函之后，认真核对有关数据资料，明确签署意见，加盖对外具有法定证明效力的业务专用章，并在收到询证函之日起５个工作日内回函。
The opening Bank shall actively assist the accounting firm to prudently and, after receiving the bank enquiry letter, verify the relevant data and material, clearly issue its opinion, duly seal its business chop evidencing the legitimate authority and reply within 5 business days after receiving the bank enquiry letter.
第十一条
Article 11 The Bank shall, in accordance with the relevant administrative regulations on foreign direct investment, supervise the legitimate use of RMB capital by foreign-invested enterprises and review and approve the payment under the special deposit account for RMB capital. The Bank may not process the payment of RMB funds through the special deposit account for RMB capital in respect of which the capital verification has not been completed.
第十二条
Article 12 Where an Offshore Investors remit its RMB profits out of China, the Bank may directly process the remittance after reviewing the relevant materials such as such as the resolution of the foreign-invested enterprise on profits disposal and the evidence on tax payment.
第十三条
Article 13 Where an Offshore Investor remit out of China their RMB funds acquired through decrease of capital, equity transfer, liquidation, early recover of investment, etc, the Bank shall process the remittance of RMB funds after reviewing the approval or filing documents of the relevant authorities of the state and the evidence of tax payment.
第十四条
Article 14 Where an Offshore Investor uses the RMB funds acquired through RMB profits distribution, early recovery of investment, liquidation, decrease of capital, equity transfer, etc. to reinvest onshore or to increase the registered capital, the Offshore Investor may deposit the RMB funds into the special deposit account for RMB reinvestment and conduct relevant settlement in accordance with these measures. The Bank shall process the payment after reviewing the approval or filing documents issued by the relevant authorities of the state and the evidence on tax payment.
第十五条
Article 15 Where foreign-invested holding companies, foreign- invested venture capital enterprises, foreign-invested equity investment enterprises and other investment-oriented foreign- invested partnership make onshore RMB investments, the invested enterprises shall, in accordance with the administrative regulations on bank settlement account such as the Administrative Measures on RMB Bank Settlement Accounts, apply to open a special deposit account for RMB capital to deposit RMB registered capital or contributed capital and to process relevant funds settlement business. This account may not be used for receipt and payment of cash.
第十六条
Article 16 Where an Offshore Investors contributes both RMB funds and foreign exchange funds as capital, the Bank shall process the RMB fund settlement in accordance with these measures and process the foreign exchange settlement in accordance with the relevant regulations on foreign exchange administration. The exchange rate between RMB and foreign currency shall be the middle rate of the RMB rate promulgated by the People's Bank of China on the day of capital verification.
第十七条
Article 17 The amounts of RMB and foreign currency loans borrowed by a foreign-invested enterprise from its offshore shareholders, its affiliated enterprises and foreign financial institutions shall be consolidated in the calculation of total borrowing.
第十八条
Article 18 A foreign-invested enterprise shall, in accordance with Article 12 of the Administrative Measures on RMB Bank Settlement Accounts, by presenting the RMB loan contract, apply to open a general RMB deposit account to deposit the RMB funds borrowed from offshore.
第十九条
Article 19 The Bank shall review and investigate the authenticity and compliance regarding the use of RMB registered capital and borrowed RMB funds by the foreign-invested enterprises. In the process of the settlement business, the Bank shall, in accordance with the relevant rules on prudential regulation, require the enterprise to provide such materials as the payment order and the evidence on the usage of funds and conduct a prudential review of such materials.
第二十条
Article 20 Where a foreign-invested enterprise uses RMB to repay the principal and interests of its offshore RMB debts, it may directly process the repayment through the bank by submitting such materials as the loan agreement, the payment order and the evidence on tax payment.
第三章
第二十一条
Article 21 Banks shall prudently fulfill their reporting obligations by reporting timely, accurately and completely to the cross-border RMB receipt and payment information management system information on the opening of RMB bank settlement accounts of offshore institutions, special deposit account of RMB capital funds, special deposit accounts for mergers and acquisition in RMB, special RMB deposit accounts for equity transfer and RMB general deposit account as well as information on the cross-border and onshore receipt and payment of RMB funds processed through the above-mentioned accounts.
第二十二条
Article 22 Banks shall provide RMB bank settlement service for Offshore Investors, foreign-invested enterprises and the latter's Chinese shareholders in accordance with the administrative regulations on bank settlement accounts such as Administrative Measures on RMB Bank Settlement Accounts, the Implementation Rule on the Administrative Measures on RMB Bank Settlement Accounts (issued through yin fa [2005] No.16) and the Administrative Measures on the RMB Bank Settlement Accounts of Offshore Institutions.
第二十三条
Article 23 When processing the RMB settlement business relating to foreign direct investment, Banks and foreign-invested enterprises shall report the balance of international payments in accordance with the Measures on the Reporting of Balance of International Payments for Statistical Purpose.
第二十四条
Article 24 When processing RMB settlement business relating to foreign direct investment, Banks shall, in accordance with the Anti-money Laundering Law of the People's Republic of China and other regulations of the People's Bank of China, fulfill its anti-money laundering and anti-terrorism financing obligations and prevent such illegal and criminal activities as money laundering and terrorism financing through RMB settlement in foreign direct investment. Banks shall collect anti-money laundering and anti-terrorism information in the Offshore Investors' domicile, get to know the natural persons actually controlling the investment and the real beneficiaries of the investment, assess the money laundering and terrorism financing risks and take appropriate measures to manage such risks.
第二十五条
Article 25 The People's Bank of China shall set up an information sharing and management system with other relevant authorities and strengthen the postmortem investigation so as to effectively supervise and administer the RMB settlement business relating to foreign direct investment.
第二十六条
Article 26 The People's Bank of China shall coordinate with other authorities to conduct on-site and off-site inspections against the Banks and the foreign-invested enterprises with respect to the RMB settlement activities relating to foreign direct investment and conduct further investigations on the use of funds so as to supervise the Banks to fulfill their obligations of authenticity investigation and information reporting and their anti-money laundering obligation.
第二十七条
Article 27 Notice of criticism or penalties may be imposed on a Bank or foreign-invested enterprise by the People's Bank of China in coordination with other relevant authorities in accordance with law if the Bank or foreign-invested enterprise violates the relevant regulation under these measures. If the circumstance is serious, the Bank or foreign-invested enterprise may be suspended or prohibited from conducting cross-border RMB business.
第二十八条
Article 28 The Bank which violates the regulations on prudential administration in its processing of RMB settlement relating to foreign direct investment shall be subject to the punishment of the relevant authorities according to law. The Bank which violates the relevant administrative regulations on RMB bank settlement account, the anti-money laundering regulations and the anti-terrorism financing regulations shall be subject to the punishment of the People's Bank of China.
第四章 附
第二十九条
Article 29 The People's Bank of China is responsible for the interpretation of these measures.
第三十条
Article 30 These measures shall become effective as of the date of its promulgation. Where there is any inconsistency between any relevant previous rule and these measures, these measures shall prevail.